Staff Reporter :
The High Court on Sunday observed that sending anyone to jail in cheque dishonor case is contrary to the Article 32 of the Constitutional. In a verdict, the court also observed that depriving a person of his personal freedom is unconstitutional, and imprisonment of a person in a check dishonour case under the Negotiable Instruments Act amounts to deprivation of personal liberty.
The High Court bench of Justice Md Ashraful Kamal passed the observation in a verdict after hearing some criminal petitions filed in this regard.
The judge has suggested the National Parliament to amend Section 138 of the Negotiable Instruments Act, 1881 for abolishing the provision of jail in check dishonor cases. Apart from this, the court has issued a guideline to follow for the settlement of dishonor cases until the
amendment of the Section 138 of the Negotiable Instruments Act.
The High Court observed in the judgment that sending a person to jail or keep anyone in jail in a cheque dishonor case is a violation of Article 32 of the Constitution and Article 11 of the International Covenant on Civil and Political Rights. As a signatory country of the International Covenant on Civil and Political Rights, Bangladesh cannot send a person to jail in a cheque dishonor case.
The court took the example of the developed world and said that in various countries including Singapore, France, England and Australia there is no provision of sending anyone to jail in check dishonor cases. In these countries, check dishonor cases are considered civil in nature.
The court observed that “no person can be imprisoned for failure to fulfill contractual obligations. Most of the people in Bangladesh will soon be in jail if they are sent to jail for failure to fulfill the contractual obligations. No one wants it.”
The court opined that the provision of sending anyone to jail under the Section 138 of the Negotiable Instruments Act should immediately be scrapped. The court hoped that the Parliament will take initiative in this regard.
The court said, until the National Parliament amends the provision, the cases of check dishonor under Article 138 of the Negotiable Instruments Act will be negotiable. A fine of up to three times can be imposed in lieu of the jail sentence in all courts of the country having jurisdiction over cheque dishonor cases.Sending anyone
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amendment of the Section 138 of the Negotiable Instruments Act.
The High Court observed in the judgment that sending a person to jail or keep anyone in jail in a cheque dishonor case is a violation of Article 32 of the Constitution and Article 11 of the International Covenant on Civil and Political Rights. As a signatory country of the International Covenant on Civil and Political Rights, Bangladesh cannot send a person to jail in a cheque dishonor case.
The court took the example of the developed world and said that in various countries including Singapore, France, England and Australia there is no provision of sending anyone to jail in check dishonor cases. In these countries, check dishonor cases are considered civil in nature.
The court observed that “no person can be imprisoned for failure to fulfill contractual obligations. Most of the people in Bangladesh will soon be in jail if they are sent to jail for failure to fulfill the contractual obligations. No one wants it.”
The court opined that the provision of sending anyone to jail under the Section 138 of the Negotiable Instruments Act should immediately be scrapped. The court hoped that the Parliament will take initiative in this regard.
The court said, until the National Parliament amends the provision, the cases of check dishonor under Article 138 of the Negotiable Instruments Act will be negotiable. A fine of up to three times can be imposed in lieu of the jail sentence in all courts of the country having jurisdiction over cheque dishonor cases.
